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Bills Would Create, Modify Presumptions
01/09/2024
Bills introduced Monday before the legislative session starting Jan. 16 would create a new presumption that post-traumatic stress disorder is compensable for first responders in Alaska and would modify qualifying criteria for a current firefighter presumption.
House Bill 239 by Rep. Andy
Category: News
Bill Would Create Presumption That Infertility Is Compensable for Firefighters
01/08/2024
which would create the presumption that infertility is a compensable condition for firefighters who regularly responded to calls involving fires or regularly responded to events involving the release of radiation or other known or suspected carcinogens.
Firefighters filing claims under the
Category: News
Carryover PTSD Presumption Bill Amended
01/05/2024
A bill to create a presumption that post-traumatic stress disorder is compensable for emergency medical technicians in California was amended to revise dates because the measure was carried over from the 2023 session.
Assemblymember Freddie Rodriguez D-Pomona amended Assembly Bill 597
Category: News
L&I Adopts PTSD Rule for Nurses
12/26/2023
stress are not considered occupational diseases.
This presumption applies only to a direct care registered nurse who has post-traumatic stress disorder that develops or manifests itself after the individual has been employed on a fully compensated basis as a direct care registered nurse in Washington
Category: News
Firefighter Gets Award for Cardiac Issues Following COVID-19 Infection
12/15/2023
A Florida appellate court upheld an award of benefits to a firefighter for his severe cardiac issues after his diagnosis of COVID-19 based on a statutory presumption that his infection was work-related.
Case Seminole County v. Braden No. 1D2021-3530 12132023 published.
Facts Chad
Category: News
Privette Doctrine Shields Company From Liability to Subcontractor's Injured Employee
12/15/2023
to the floor.
Elizondo filed suit against Balfour asserting claims for general negligence and premises liability. Balfour moved for summary judgment raising the Privette doctrine as a defense.
The Privette doctrine creates a strong presumption that the hirer of an independent contractor
Category: News
Federal Court Upholds Award of Black Lung Benefits to Miner's Widow
12/11/2023
pneumoconiosis from his coal mine employment and it contributes to his total disability.
A claimant who was a miner for at least 15 years and is totally disabled by a respiratory or pulmonary impairment is entitled to a rebuttable presumption that the remaining factors are satisfied.
Federal regulations
Category: News
Worker's Widow Benefits from Presumption that Death Arose from Employment
12/01/2023
The Idaho Supreme Court upheld an award of benefits to a Walmart employees widow based on the statutory presumption that the employee's death arose in the course of his employment.
Jeffrey Jordan worked for Walmart in the tire department. On Oct. 31 2018 he collapsed at work and was
Category: News
Blood Test Result Sinks Injured Worker's Claim
11/16/2023
perhaps absurd presumption in the present case but it said the presumption of intoxication was not rebuttable.
The Board of Review affirmed the Office of Judges.
The West Virginia Supreme Court found the statutory language to be clear and unambiguous.
Under the plain language of the statute
Category: News
Supreme Court Overturns Denial of Benefits for Worker With Preexisting Back Issues
11/07/2023
experiencing prior to the alleged injury at issue.
Neither the Office of Judges nor the Board of Review explored this issue so the court said the case had to be sent back for further development of the evidence.
Dissent Justice C. Haley Bunn disagreed that May could benefit from the presumption set
Category: News
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